N.Padmakumar vs State Of Kerala

R. Narayana Pisharadi, J

This application is filed under Section 482 Cr.P.C for quashing Annexure-I order passed by the Court of the Enquiry Commissioner and Special

Judge, Kottayam, by which that court forwarded the complaint filed by the third respondent for conducting a preliminary enquiry into the allegations

levelled against the petitioner and other persons.

When the case is taken up for hearing today, learned Public Prosecutor submitted that the petitioner has not been arrayed as accused in the case

VC02/2018/SIU-1 which was registered in the matter and that no other case has also been registered against the petitioner by the Special

Investigation Unitâ€" I, Thiruvananthapuram and that a statement has been filed to that effect by the investigating officer.

The statement filed by the investigating officer reads as follows:

 “1. It is submitted that the petitioner in this Crl.M.C Shri.Padmakumar IAS, former District Collector, Alappuzha has not been arrayed as an accused in VC

02/2018/SIU-1. As per records of this Unit no other case has been registered against him. During the course of investigation in VC 02/2018/SIU-1, the defacto

complainant Advocate Subash M.Theekkadan filed Crl.M.P 558/2018 against Shri.Padmakumar IAS before the Enquiry Commissioner and Special Judge (Vigilance),

Kottayam. To ascertain the facts in relation with the aforesaid case as well as the CMP, the petitioner Shri.Padmakumar IAS was interrogated by the Investigating

Officer of the case.

It is humbly submitted that the investigation of the case has been completed and factual report was submitted to the Director, Vigilance and Anti-Corruption

Bureau for scrutiny.â€​

In the light of the aforesaid statement filed by the investigating officer, learned Senior Counsel who appeared for the petitioner prayed that the

petitioner may be permitted to withdraw the Crl.M.C.

Consequently, this Crl.M.C is dismissed as withdrawn.